People v. Delameter

— Appeal from an order of the County Court of Rensselaer County (Dwyer, Jr., J.), entered April 8, 1982, which granted defendant’s motion to dismiss the indictment. Defendant was indicted by a Rensselaer County Grand Jury for the crime of arson in the fourth degree. The indictment charged defendant with recklessly damaging a room and its contents in the Samaritan Hospital in Troy, on or about April 14, 1981, by intentionally starting a fire by igniting a mattress with matches. Defendant’s motion for a dismissal of the indictment on the grounds that it was based upon legally insufficient…